This Terms of Use Agreement sets forth the standards of use of the MobilServ Technologies Inc. (MobilServ) Online and Mobile Ordering Service (Service) for Registered Members. By using the MobilServ Technologies Inc. Mobilserv.com website you (the Member) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of MobilServs website or service. We reserve the right at any time to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at MobilServ Technologies Inc.Mobilserv.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
MobilServ is providing Member with mobile ordering and online ordering service (Service). Member must provide (1) all equipment necessary for their own wireless carrier connection and or Internet connection, including cellphone, smart phone, Web enabled PDA, computer and modem and (2) provide for Members access to their own wireless carriers network and /or the Internet, and (3) pay any fees relate with such connection and communications.
The site and associated remote ordering services are provided by MobilServ to facilitate remote ordering and payment transactions for goods and services offered by participating Merchants and desired by the Member. MobilServ makes no representations or warranties of any kind, express or implied, regarding the quality or condition of items services provided by the participating Merchants and acquired by the Member. MobilServ shall have no liability beyond reversing transaction charges for any related non-performance by participating merchants.

MOBILSERV SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MOBILSERV SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR SERIVCES PROVIDED, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MOBILSERV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold MobilServ, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Members computer, of any intellectual property or any other right of any person or entity.
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account. Member agrees to notify MobilServ of any unauthorized use of Members account or any other breach of security known or should be known to the member. Members right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of MobilServ. Some participating Merchants require MobilServ use their merchant account for processing Members credit card transactions. Members desired to have the ability to setup a mobile commerce for those Merchants will notice no cost Account Authorization line on their monthly credit card statement associated with such account setup.
MobilServ reserves the right to modify or discontinue the Service with or without notice to the Member. MobilServ shall not be liable to Member or any third party should MobilServ exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MobilServ does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet that are owned and operated by participating merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites.
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Mobilserv.com, will all rights reserved, or is the property of MobilServ and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MobilServ is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MobilServ Technologies Inc.
MobilServ^TM and MobilServ.com^TM are proprietary marks of MobilServ Technologies Inc. MobilServs trademarks may not be used in connection with any product or service that is not provided by MobilServ, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MobilServ.
All other trademarks displayed on MobilServs website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MobilServ.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Telephone: 858.222.3600; 888.673.7889 By Email: Info@MobilServ.com


If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MobilServ, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Version 1.0, December 31, 2009